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High Court of Punjab and HaryanaCWP/35037/2024disposed of

Geeta Rani v. State Of Punjab And Othars

2024-12-20Mr. Justice Namit Kumar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 20.12.2024 Geeta Rani ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Jugam Arora, Advocate for the petitioner.

NAMIT KUMAR J. (Oral) 1.

The petitioner has filed the instant petition, claiming the following reliefs:- Petition under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of Certiorari/Mandamus or such other appropriate writ, order or directions quashing the action of the respondents in not granting the benefit of higher pay scale with corresponding revised scale from time to time in respect of her deceased husband, in the same terms as allowed to the other similarly situated/petitioners of C.W.P. No. 5464 of 2020 and C.W.P. No. No.17461 of 2023 i.e. Rs. 4020-6200 w.e.f. 06.06.2002, Rs.5910-20200 + Rs.2800 Grade Pay w.e.f. 01.01.2006, Rs.5910-20200 + Rs.3000/- Grade Pay w.e.f. 01.01.2011 and the corresponding revised pay scale thereof w.e.f. 01.01.2016, as patently wrong, illegal, arbitrary and unconstitutional;

AND

Further directing the respondents to grant the petitioner benefit of higher corresponding pay scale revised from time to time due to the deceased husband of the petitioner, in the same terms as allowed to the other similarly situated/petitioners of C.W.P. No.5464 of 2020 and C.W.P. No. No.17461 of 2023 i.e. higher corresponding pay scale of Rs.140-300 i.e. 4020-6200 w.e.f. 06.06.2002, Rs.591020200 + Rs.2800 Grade Pay w.e.f. 01.01.2006, Rs.591020200 + Rs.3000/- Grade Pay w.e.f. 01.01.2011 and the corresponding pay fixation thereof w.e.f. 01.01.2016 together with all consequential benefits including revision of pay, revised pensionary benefits with arrears together with interest @ 12% per annum for the delay.

2.

Learned counsel for the petitioner has relied upon the letter dated 05.06.2023 (Annexure P-8) as well as the order dated 11.08.2023 passed by this Court in CWP No.17461 of 2023, titled as "Amrik Singh and others vs State of Punjab and others", and submits that for claiming the aforesaid relief, the petitioner has submitted a legal notice dated 25.07.2024 (Annexure P-11) and at this stage, the petitioner would be satisfied, if the said legal notice is decided by passing a speaking order within a time bound frame.

3.

Notice of motion.

4.

Mr. Surya Kumar, AAG, Punjab, accepts notice on behalf of respondents No.1 to 4 and has no objection to the innocuous prayer made by learned counsel for the petitioner.

5.

I have heard learned counsel for the parties and have gone through the record of the case.

6.

Without going into the merits of the case at this stage, the present petition is disposed of with a direction to respondent No.5 to consider and decide the legal notice dated 25.07.2024 (Annexure P-11), submitted by the petitioner expeditiously, by passing a speaking order, preferably within a period of three months from the date of receipt of certified copy of this order.

7.

A copy of this order be sent to respondent No.5 for information and compliance.

(NAMIT KUMAR) JUDGE 20.12.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No